Loading...
HomeMy WebLinkAboutPC Reso07-48 Hummer Test Track SDR PA04-041A RESOLUTION NO. 07 - 48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR A TEST TRACK FOR THE HUMMER DEALERSHIP LOCATED AT 4200 JOHN MONEGO COURT IN THE GM AUTO MALL PA 04-041A WHEREAS, the Applicant, lnder Dosanjh of Hummer, has requested approval of a Site Development Review to construct a test track at the Hummer dealership; and WHEREAS, the project includes an approximately 190 lin ::ar foot test track at the rear of the property adjacent to the creek and the 1-580 freeway; and WHEREAS, the Applicant has submitted a complete appli(ation for Site Development Review for the construction of the test track; and WHEREAS, the Applicant has submitted project plans for he requested entitlement received by the Planning Division on August 3, 2007; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, The project has been reviewed under the California Environmental Quality Act (CEQA), State CEQA Guidelines and the Dublin Environmental Guidelines, and the project has been found to be Categorically Exempt per CEQA Section 15301 (Minor a teration of existing facilities); and WHEREAS, a Staff Report was submitted to the Planning Commission on September 11, 2007 recommending approval of said application; and WHEREAS, the Planning Commission did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all reEpects as required by law. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned. is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance because: I) the test track has been located on the site so that it will be screened from view from the public Ilght-of-way; 2) the test track will be used in conjunction with the existing dealership; and 3) as conditioned, the Applicant will be required to plant additional landscape materials to provide for a greater landscape buffer from the freeway. PageloflO G:IPA#\211114\1I4-114/A Hummer TracklSDR Reso.DOC B. The proposed Project, as conditioned, will be compatible Witll the surrounding area and complies with the policies of the General Plan and the Stagel and Stage 2 Development Plan for the GM Auto Mall in which the project is located because: 1) the test track will be use in conjunction with the existing Hummer Dealership and dealerships and related uses are permitted by the Planned Development; 2) the test track will enhance the economic viability of the dealership which is encouraged in the General Plan; 3) an adequate buffer c.f the track will be provided with landscaping and the existing buildings and therefore will not impact the adjacent properties; and 4) the track is surrounded by dealerships and one piece of vacant land that is also located within the GM Auto Mall area and thercfore is consistent with the uses of the surrounding properties. C. The proposed Project, as conditioned, will not adversely (J,JTect the health or safety of persons residing or working in the vicinity, nor be detrimental to tile public health. safety and welfare because: I) the track will be located at the rear of the property and will be screened from view and therefore will not promote an attractive nuisance; 2) as conditioned, access to the track at the entrance and exit to the track will be locked at all times when not in use and therefore will promote the safety of the track; and 3) a fence will be constructed on tLe sides of the track to ensure that the vehicles do not go off of the track. D. The site development for the proposed Project has beel! designed to provide a desirable environment for the Project and surrounding areas because: I) landscaping will be provided around the track to provide an adequate landscape buffer; 2) the track will be constructed with high quality materials; and 3) the track will be located at the rear of the property. E. The subject site is physically suitable for the type. density, and intensity of the proposed Project and related structures because: 1) the existing site is used for a dealership; 2) the use of the track is consistent with the use of a dealership in that it will be used to demonstrate the features of a Hummer vehicle; 3) the track will be screened from view from the public right-of-way; and 4) new landscaping will be installed around the track to provide an adequate landscape buffer. F. There are no impacts to slopes or topographic features becailse: the project site is relatively flat and requires minimal grading to accommodate the track. G. The character, scale and quality and design of the project is compatible with the proposed development. existing and approved projects in the area and with anticipated future development in the area because: I) the test track will be constructed with rocks and other natural materials; and 2) as conditioned, landscaping will be provided around the track which will be compatible with the existing plant palettc at the GM Auto Mall. H. Parking on-site will conform to the requirements of the Dublin Zoning Ordinance and the Planned Development Zoning District because: 1) as conditioned, tbe employee parking spaces will be relocated on site; and 2) the test track is an auxiliary use on the site and does not generate its own parking requirement I. The landscaping will provide an attractive feature, will be compatible with the surrounding area and will conform to the Stage 1 Planning Development Zoning and Stage 2 Planned Development Rezone because: 1) as conditioned, a row of tall shrubs (such as the strawberry tree) will be 2 planted between the track and the freeway to provide an adequate landscape buffer of the track; and 2) as conditioned, taller shrubs (such as escallonia) will bl~ planted around the base of the track to provide an adequate landscape buffer. J. This project is not required to comply with Chapter 8.58 Public Art Program of the Zoning Ordinance because: the project is an accessory structure to the site and does not meet the requirements for the provision of public art as stated in the Ordinance. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, Site Development Review, for a Hummer test track located at 4200 John Monego Court as generally depicted in the written statement and project plans received by the Planning Division on August 3,2007, labeled Attachment 2 and 3 of the September 11,2007 Planning Commission Agenda Statement, stamped approved, and on file with the Community Development Department, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/a~;encies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LA VTA], Livermore Amajor Valley Transit Authority, [CHS], California Department of Health Services. ~ CONDITION TEXT I RESPON. WHEN SOURCE AGI:NCY REQ'D Prior to: GENERAL - SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review approval I'L On-going Planning for the Hummer Dealership Test Track in the GM Auto Mall, PA 04-041 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform the project plans received August 3, 2007 on file III the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall I'L One year from DMC commence within one (1) year of Permit approval or permit 8.96.020. the Permit shall lapse and become null and void. approval D Commencement of construction or use means the actual construction or use pursuant to the Permit 3 CONDITION TEXT 3. approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Pernlit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings III appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements ofthis Ordinance. Time Extension. The original approving decision- maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. Permit Validity. This Site Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. Revocation of permit. The Site Development Review approval shall be revocable tor cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subiect to citation. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or 4. 5. ] 6. 4 RESPON. AGENCY I'L I'L I'L Various WHEN REQ'D Prior to: One year from permit approval On-going On-going Building Permit Issuance SOURCE DMC 8.96.020.E DMC 8.96.020.F DMC 8.96.020.1 Standard 8. [0. 11. CONDITION TEXT 7. will be met. Required Permits. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Indemnification. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 9. 5 RESPON. AGENCY PW VaJ10us ADM f'L f'L WHEN REQ'D Prior to: Building Permit Issuance Building Permit Issuance On-going On-going On-going SOURCE Standard Various Administr ation/City Attorney Planning DMC 8.104.100 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 12. Controlling Activities. The Applicant/Developer PL On-going Planning shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. PROJECT SPECIFIC 13. Trash and Waste Accumulation. The Applicant or PL On-going Planning any future owner shall provide and conduct regular maintenance of the track at least once daily, in order to eliminate and control the accumulation of trash, excess waste materials and debris. 14. Signage. Signage on the test track or sIgnage PL On-going Planning promoting the test track shall be prohibited. Directional signage or posted warning signs may be placed near the track with approval from the Community Development Director. LANDSCAPING 15. Final Landscape and Irrigation Plans. Final PL Building DMC Landscape and Irrigation Plans, prepared and stamped Permit 8.72.030 by a State licensed landscape architect or registered Issuance engineer, shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans, received by the Planning Division on August 3, 2007, except as modified by the Conditions listed below and as required by the Community Development Director. 16. Plant Species. Plant speCIes shall be selected PL Building Planning according to use, sun/shade location and space Permit available. The landscape plan should include plant Issuance species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 17. Slopes. The landscape plan shall address slopes within PL Building Planning the property, including eroSIOn, maintenance and Permit irrigation issues. All slopes shall have a one-foot level Issuance area at top and bottom of the slope for maintenance. 18. Landscaping at Street/Drive Aisle Intersections. PL Building Planning Landscaping shall not obstruct the sight distance of Permit motorists, pedestrians or bicyclists. Except for trees, Issuance landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance caoabilities of the area. 19. Standard Plant Material, Irrie;ation and PL Building DMC 6 CONDITION TEXT Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 20. Landscape Borders. Where applicable, all landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Any curbs adjacent to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). All landscape planters within the parking area shall maintain a minimum 5 foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow strips at least 4 inches deep and 6 inches wide shall be required to separate turf areas from shrub areas. 21. Plant Standards. All trees shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 22. Maintenance of Landscaping. All landscaping materials within the public right-of-way shall be maintained for 90 days and on-site landscaping shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Developer after City- approved installation. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed modifications to the landscaping on the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 23. Backtlow Prevention Devices. The Landscape Plan shall show the location of all backflow prevention devises. The location and screening of the backflow prevention devices shall be reviewed and approved by City staff. 24. Root Barriers and Tree Staking. The landscape plans shall provide details showing root barriers and tree staking will be installed which meet current City speci fications. 25. Water Efficient Landscaping Ordinance. The App Ii cant/ Developer shall submit written documentation to the Public Works Department (in the 7 RESPON. AGENCY PL PL PL PL, ~W, F PL PW PL WHEN REQ'D Prior to: Permit Issuance Building Permit Issuance Occupancy On-going Building Permit Issuance Building Permit Issuance Building Permit Issuance SOURCE 8.72.050. B Planning Planning City of Dublin Standards Plant Material, Irrigation System and Maintenan ce Agreemen t Planning Planning DMC 8.88 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 26. Shrubs. All shrubs shall be continuously maintained PL On-going including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the satisfaction of the Community Development Director. 27. Trees. The property owner shall continually maintain PL On-going Planning all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this phase of the project shall show substantial growth to the satisfaction of the Community Development Director. If the trees have not shown substantial growth, the property owner shall replace the trees to the satisfaction of the Community Development Director. 28. Birch Trees. The birch trees shown on the landscape PL Landscape Planning plans which are to be relocated, shall be relocated Plan Approval between the track and the rear orooertv line. 29. Lily Species. The lily plants shown on the landscape PL Landscape Planning plans shall be replaced with a taller shrub such as flax Plan Approval or escallonia. 30. Freeway Buffer. The existing display area shall be PL Landscape Planning relocated and a double row of tall shrubs (such as the Plan Approval strawberry tree) shall be planted to create a buffer between the track and the freewav. 31. Plant Inspection. Prior to planting the plants, the PL Prior to Planning Applicant shall place all plants in their location (in Planting their containers) and shall call for an inspection from the Planning Division. If the Planning Division determines that additional plant materials should be planted for better screening, the Applicant shall plant the requested additional plants. POLICE - PROJECT SPECIFIC 32. Security Requirements. The Applicant/Developer I PO On-going Police shall comply with all applicable City of Dublin Non- Residential Security requirements. 33. Gate. The entrance and exit to the Hummer track shall PL,PO On-going Policee 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: be blocked off and locked when not in use. 34. Graffiti. The Applicant/Developer shall keep the site PL, PO On-going Police clear of graffiti vandalism on a continuous basis at all times. If available, graffiti resistant materials should be used. PUBLIC WORKS - STANDARD CONDITIONS 35. Standard Public Works Conditions of Approval. FW Occupancy Public Applicant/Developer shall comply with all applicable Works City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 36. Construction Hours. Standard construction and FW Through Public grading hours shall be limited to weekdays (Monday Completion Works through Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 37. Temporary Construction Fencing. Temporary FW Through Public Construction fencing shall be installed along the Completion Works perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. PUBLIC WORKS - PROJECT SPECIFIC 38. Improvement and Grading Plans. PW Grading! Public Applicant/Developer shall revise the grading plan and Sitework Works show how the new proposed test track will impact the Permit bio-swale and drainage pattern. Approved plans shows that the parking lot sheet flows into the bio-swale. But 9 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: having the retaining wall and test track in the middle of the swale will interfere with the drainage pattern. Please address these concerns adequately. All improvement and grading plans submitted to the Public Works Department for review/approval shall be prepared in accordance with the approved Tentative Map, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). 39. Site Drainage. All runoff from one parcel/site shall be FW Issuance of Public contained within the said parcel/site without sheet Grading! Works flowing across neighboring parcel/property. Sitework Improvements shall be made along the required Permit property lines to avoid this situation. 40. Employee Parking Space. Applicant/Developer shall FW Issuance of Public provide 5 employee parking stalls near test track as Grading! Works approved earlier. The plans shows only 3 full size Sitework stalls and one stall without any proper clearance near Permit the test track entrance. Please eliminate this stall and provide adequate turning radius for the Hummer to get in and out the test track. 41. Retaining Wall. Applicant/Developer shall provide FW Issuance of Public adequate railing system to prevent from people driving Grading! Works off the test track. This wall shall be engineered to Sitework withhold the wait of the Hummer. Permit PASSED, APPROVED AND ADOPTED this 11 th day of September 2007 by the following vote: AYES: Schaub, Wehrenberg, Tomlinson, Biddle and King NOES: None ABSENT: None ABSTAIN: None wdL Planning Commi ,sion Chair - 10